Section 356 – THE COMPANIES (COURT) RULES, 1959

356. Taxation between advocate and client

(1) Where a dispute arises between an advocate and his client as to the fees and charges payable to the advocate, either party may apply to the Judge in Chambers for an order to have the bill taxed, and on an order for taxation being made, the Taxing Officer may proceed to tax the bill. The application when made by the advocate shall be accompanied by a copy of the bill to be taxed:


Provided that where the client has expressed his consent in writing to the taxation of costs between himself and his advocate in any proceeding, the advocate may present the bill of costs in such proceeding for taxation without an order of the Judge, and the Taxing Officer shall thereupon proceed to tax the bill.


(2) In every case of taxation between advocate and client, the client shall be duly summoned by the Taxing Officer to attend the taxation, and the summons shall be served not less than 14 days prior to the date fixed for taxation.


(3) Subject to any agreement in writing to the contrary, the rules regulating the taxation of costs between party and party shall be applicable, as far as may be, to taxation between advocate and client:


Provided that all such charges and expenses as in the opinion of the Taxing Officer were necessary or proper or were incurred at the instance of the client shall be allowed.


(4) No agreement between the advocate and his client to pay fees higher than those prescribed in Appendix III shall be recognized unless the same has been recorded in writing and is signed by the client and has been filed along with the appearance of the advocate in the case.


(5) Where the Taxing Officer is of opinion that any such agreement as aforesaid is unfair or unreasonable, he may refer the matter to the Judge who may thereupon make such order as he thinks just, and the taxation shall proceed in accordance with such order.


(6) This rule shall not apply to a taxation of a bill of costs as between an advocate employed by the Official Liquidator and the Official Liquidator, which shall be taxed, subject to any order of the Court, according to the rules regulating taxation of costs between party and party.

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